Judge hears arguments on legality of no fly list as FBI lists plaintiff's brother as terrorist

FILE - In this Aug. 16, 2013, file photo, Gulet Mohamed, left, leaves the federal court in Alexandria, Va., with his attorney, Gadeir Abbas, with the Council on American-Islamic Relations, after a hearing challenging his placement on the government's no fly list. The FBI on Jan. 29, 2015, added Liban Haji Mohamed, a former taxi driver from northern Virginia to its list of most wanted terrorists, saying he was a recruiter for the al-Shabab terror group in Somalia. An arrest warrant, originally issued in February, was unsealed in U.S. District Court in Alexandria for Liban Haji Mohamed, 29, a naturalized U.S. citizen born in Somalia. The family denies that Mohamed committed any wrongdoing and suspects he went into hiding to avoid constant harassment from the FBI. "Al-Shabab has killed Liban’s uncle and imprisoned his cousins," said Abbas, who for years has represented Mohamed’s brother in a civil-rights suit against the government. "His family believes the allegations have no basis in fact." (AP Photo/Matthew Barakat, File)
(The Associated Press)

DELETES REFERENCE TO GADEIR ABBAS ASSOCIATION TO THE COUNCIL ON AMERICAN-ISLAMIC RELATIONS - FILE - In this Aug. 16, 2013, file photo, Gulet Mohamed, left, leaves the federal court in Alexandria, Va. with his attorney, Gadeir Abbas, after a hearing challenging his placement on the government's no fly list. The FBI on Jan. 29, 2015, added Liban Haji Mohamed, a former taxi driver from northern Virginia to its list of most wanted terrorists, saying he was a recruiter for the al-Shabab terror group in Somalia. An arrest warrant, originally issued in February, was unsealed in U.S. District Court in Alexandria for Liban Haji Mohamed, 29, a naturalized U.S. citizen born in Somalia. The family denies that Mohamed committed any wrongdoing and suspects he went into hiding to avoid constant harassment from the FBI. "Al-Shabab has killed Liban’s uncle and imprisoned his cousins," said Abbas, who for years has represented Mohamed’s brother in a civil-rights suit against the government. "His family believes the allegations have no basis in fact." (AP Photo/Matthew Barakat, File)
(The Associated Press)

ALEXANDRIA, Va. – A judge is scheduled to hear arguments on the constitutionality of the government's no fly list in a case now embroiled with allegations of terrorism against a one-time northern Virginia resident.

For four years, the government has tried unsuccessfully to get a judge to toss out a lawsuit filed by Gulet Mohamed of Alexandria. He says he was unfairly placed on the no-fly list.

The government on Friday will again ask that the case be dismissed, arguing in part that defending the lawsuit would require it to divulge state secrets.

The case took a twist Thursday when the FBI announced that Mohamed's brother Liban has been placed on the bureau's list of most wanted terrorists.

Gulet Mohamed's lawyer says the timing of that announcement is meant to influence the judge.